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Q: limitations on prosecution in virginia for statutory rape. ( Answered,   0 Comments )
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Subject: limitations on prosecution in virginia for statutory rape.
Category: Miscellaneous
Asked by: badsirbrian-ga
List Price: $25.00
Posted: 29 Jun 2006 19:12 PDT
Expires: 29 Jul 2006 19:12 PDT
Question ID: 742211
in the state of virginia, how long is a man subject to prosecution for
having had sex with a girl who was 16 years old? Dates back to 1953.
Have been trying for days to find case law.
Answer  
Subject: Re: limitations on prosecution in virginia for statutory rape.
Answered By: tutuzdad-ga on 29 Jun 2006 20:38 PDT
 
Dear badsirbrian-ga 

Thank you for allowing me to answer your interesting question. Most
misdemeanor offenses have a statute of limitations of one year. There
are a few common exceptions to this rule, like petit larceny for
example, which has a five year statute of limitations. Where felonies
are concerned however, there are no statute of limitations on the
commencement of prosecutions in the state of Virginia.

Now hold on because I think you will find this tidbit of information
quite interesting?

The term ?statutory rape? is not a legal term in Virginia. The modern
statutory term is ?CARNAL KNOWLEDGE OF CHILD BETWEEN THIRTEEN AND
FIFTEEN YEARS OF AGE.? whether or not the minor was a willing
participant. This may account for why you are having trouble finding
the answer to your question.

 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age. 
http://leg1.state.va.us/cgi-bin/legp524.exe?000+cod+18.2-63

Other related statutes include 

 18.2-370. Taking indecent liberties with children
http://leg1.state.va.us/cgi-bin/legp524.exe?000+cod+18.2-370
http://leg1.state.va.us/cgi-bin/legp524.exe?000+cod+18.2-370.1

 18.2-61. Rape. 
http://leg1.state.va.us/cgi-bin/legp524.exe?000+cod+18.2-61

These offenses range from misdemeanors to Class 6 Felonies. The
schedule of limitations for offenses based on their classifications is
outlined in this statute:

 19.2-8. Limitation of prosecutions. 
http://leg1.state.va.us/cgi-bin/legp524.exe?000+cod+19.2-8

However, having said that, the answer to your question is actually
much simpler than it appears. You see, in Virginia it seems there is
no ?statutory rape? law pertaining to minors age 16 and over. The
cutoff age criteria in the published statute is 15 years of age so,
since the fellow would not be subject to prosecution under criminal
law, the statute of limitations issue is a moot point. We can?t
provide legal advice per forum policy (see our disclaimer below) but
according to the published statutes it certainly looks to me like the
?offender? would technically have no reason to fear prosecution. I?m
confident that my 20+ years in law enforcement have enabled me to
accurately interpret statutory law but in keeping with our disclaimer
I must advise you to consult a lawyer to verify these facts for
certain. [formality and all -- I?m sure you understand].

I hope you find that my answer exceeds your expectations. If you have
any questions about my research please post a clarification request
prior to rating the answer. Otherwise I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.

Best regards;

Tutuzdad-ga ? Google Answers Researcher


[INFORMATION SOURCES]

VIRGINIA STATE POLICE SOR STATUTES
http://sex-offender.vsp.state.va.us/Static/Statutes.htm



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VIRGINIA

STATUTORY RAPE

RAPE

SEXUAL ABUSE

CONSENT

AGE

LAW

LIMITATIONS
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